Examples of Comparable Rate in a sentence
The Arbitration Panel shall make its decision within twenty (20) days after the later of (i) the submission of such written statements of particulars, and (ii) the conclusion of any evidentiary hearing on the merits, and shall take into consideration the relative risks and rewards undertaken and capital invested by each Party and shall use the Comparable Rate of Return concept described in Section 3.2(a) in determining any Rent disputes.
At the end of the term of each Rent Supplement, the Parties shall negotiate a new Rent Supplement for the Lessee CapEx and Incremental CapEx covered by such prior Rent Supplement using the Comparable Rate of Return methodology set forth in Sections 3.1(d)(iii) and 3.2(a).
Amounts Lessor provides pursuant to this Agreement to fund any such Personal Property will be treated in a manner similar to any amounts Lessor provides to fund Footprint Projects for purposes of Section 3.2 and elsewhere herein (i.e., amounts funded to be subject to Comparable Rate of Return).
Thereafter, this Agreement may be renewed for subsequent terms (each, a “Renewal Term” and, collectively with the Initial Term, the “Term”) by mutual agreement of the Parties; provided, however, that the Rent for any Renewal Term shall be targeted to provide the Lessor with a Comparable Rate of Return on the then-current Rate Base of the CREZ Assets.
Any such funded amounts, regardless of the form in which they are funded, will be included in the calculation of whether there is Incremental CapEx, and, if such funded amounts constitute Incremental CapEx, the Parties’ intention is to provide Lessor with a Comparable Rate of Return on all such funded amounts.
For example, if there is a non-refundable rate and a refundable rate for the same room type, in the same tower, for the same dates, the Comparison Rate must be a matching package type; i.e. if the original booking was a refundable rate, then the Comparable Rate must be a refundable rate as well.
The parties agree that for the purpose of calculating the comparable Rate, the Comparable Rate shall be deemed to be that amount which is determined by taking the average of the two (2) rates identified by the two (2) Qualified Brokers which are closest to each other.
Thereafter, this Agreement may be renewed for subsequent terms (each, a “ Renewal Term ” and, collectively with the Initial Term, the “ Term ”) by mutual agreement of the Parties; provided , however , that the Rent for any Renewal Term shall be targeted to provide Lessor with a Comparable Rate of Return on the then-current Rate Base of the Permian Assets.
On that date, the three (3) Qualified Brokers shall submit their determination of the Comparable Rate in writing to Landlord and Tenant which writing shall identify the Comparable Buildings and rates used in reaching the Comparable Rate.
Thereafter, this Agreement may be renewed for subsequent terms (each, a “Renewal Term” and, collectively with the Existing Term, the “Term”) by mutual agreement of the Parties; provided, however, that the Rent for any Renewal Term shall be targeted to provide the Lessor with a Comparable Rate of Return on the then-current Rate Base of the Xxxxxxx/Xxxxx/Xxxxxxx Assets.